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1 8754266.1
<br />WITNESSETH:
<br />7,01400400
<br />THIS SECURITY INSTRUMENT (this "Security Instrument ") as described on Schedule A
<br />attached hereto and made a part hereof, dated as of the Effective Date set forth on Schedule A
<br />attached hereto and made a part hereof (the "Effective Date "), is made by the Borrower set forth
<br />on Schedule A attached hereto and made a part hereof (together with its permitted assigns
<br />hereunder, "Borrower "), having its principal office as set forth on Schedule A attached hereto
<br />and made a part hereof, to WELLS FARGO BANK NORTHWEST, NATIONAL
<br />ASSOCIATION, as trustee ( "Lender ") pursuant to the Declaration of Trust dated as of October
<br />10, 2013 (the "Declaration "), having its principal place of business at 260 North Charles
<br />Lindbergh Drive, MAC: U1240 -026 Salt Lake City, Utah 84116.
<br />To secure the payment of an indebtedness in the principal sum of the Loan Amount set forth on
<br />Schedule A attached hereto and made a part hereof, in lawful money of the United States of
<br />America, to be paid with interest according to the terms of that certain Promissory Note dated as
<br />of even date herewith, with a maturity date of January 10, 2036, made by Borrower to Lender
<br />(such note together with all extensions, renewals or modifications thereof being hereinafter
<br />collectively called the "Note ") and all other Debt (hereinafter defined), Borrower has mortgaged,
<br />given, granted, bargained, sold, aliened, enfeoffed, conveyed, confirmed, pledged, assigned, and
<br />hypothecated and by these presents does hereby mortgage, give, grant, bargain, sell, alien,
<br />enfeoff, convey, confirm, pledge, assign and hypothecate unto Lender the Premises (as defined
<br />herein) which is described in Exhibit A attached hereto and the buildings, structures, fixtures
<br />(except "trade fixtures" as defined in Part II Section 19 of the Lease (hereinafter defined) not
<br />owned by Borrower), additions, enlargements, extensions, modifications, repairs, replacements
<br />and improvements now or hereafter located thereon (the "Improvements ");
<br />TOGETHER WITH: all right, title, interest and estate of Borrower (exclusive of Excepted
<br />Rights and Excepted Payments, as defined and only to the extent set forth in the Assignment of
<br />Lease and Rents delivered by Borrower to Lender contemporaneously herewith (the
<br />"Assignment "); provided, that, notwithstanding anything in the Assignment to the contrary, the
<br />term "Excepted Payments" as used in this Security Instrument or any other Loan Document shall
<br />include any Fixed Rent (as defined in the Lease) that is prepaid on the Lease Commencement
<br />Date (as defined in the Lease) (to the extent such Fixed Rent is not allocable to interest due on
<br />the Note on January 10, 2014)) now owned, or hereafter acquired, in and to the following
<br />property, rights, interests and estates (the Premises, the Improvements together with the
<br />following property, rights, interests and estates, but excluding the Excepted Rights and Excepted
<br />Payments to the extent specifically set forth in the Assignment, being hereinafter described are
<br />collectively referred to herein as the "Mortgaged Property ") subject, however, to the Permitted
<br />Exceptions (as hereinafter defined) with respect to the marketability of title:
<br />(a) all that certain real property described on Exhibit A attached hereto and incorporated
<br />herein by this reference (the "Premises "), together with all of the easements, rights,
<br />privileges, franchises, tenements, hereditaments and appurtenances now or hereafter
<br />thereunto belonging or in any way appertaining and all of the estate, right, title, interest,
<br />claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in
<br />possession or in expectancy, now or hereafter acquired;
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